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CONNER v. FINCH

Nos. 69-C-1264, 69-C-1276.

314 F.Supp. 364 (1970)

Lula Mae CONNER and Hattie Massie, on behalf of themselves individually and on behalf of all others similarly situated, Plaintiffs, v. Robert FINCH, Secretary, United States Department of Health, Education and Welfare, Harold O. Swank, Director, Illinois Department of Public Aid, David L. Daniels, Director, Cook County Department of Public Aid, Defendants.

United States District Court, N. D. Illinois, E. D.

June 11, 1970.

Attorney(s) appearing for the Case

Michael F. Lefkow, Chicago, Ill., for plaintiff Conner.

John H. Schlegel, Chicago, Ill., for plaintiff Massie.

Thomas A. Foran, U. S. Atty., Lawrence Cohen, Chicago, Ill., David J. Anderson, Washington, D. C., for defendant Finch.

William J. Scott, Atty. Gen., State of Ill., John F. Galvin, Asst. Atty. Gen., Chicago, Ill., for State of Ill.

Edward V. Hanrahan, State's Atty., Daniel P. Coman, Asst. State's Atty., Chief, Civil Div., Francis Barth and Thomas E. Brannigan, Asst. State's Attys., Chicago, Ill., for defendant Daniels.

Before FAIRCHILD, Circuit Judge, ROBSON, Chief District Judge and CAMPBELL, Senior District Judge.

MEMORANDUM, ORDER AND JUDGMENT

CAMPBELL, District Judge.

These consolidated cases brought under the Civil Rights Act (42 U.S.C. § 1983), challenge the constitutionality of a section, or portion thereof, of the Social Security Act ("the Act") and of a rule of the Illinois Department of Public Aid promulgated pursuant to the challenged sub-section of the Act.1 The sub-section in question (42 U.S.C. § 602 (a) (8) (D) of...

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